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by C-dub
Fri Nov 30, 2018 2:14 pm
Forum: General Texas CHL Discussion
Topic: Well... there goes Constitutional Carry
Replies: 39
Views: 5498

Re: Well... there goes Constitutional Carry

srothstein wrote: Thu Nov 29, 2018 11:52 pm
C-dub wrote: Thu Nov 29, 2018 9:53 am
TexanVeteran wrote: Wed Nov 28, 2018 7:43 pm It is actually already illegal to carry while you're drinking (unless you're on your own property, obviously).
Both parts of this are wrong. It is illegal to be intoxicated while carrying, but not simply drinking an alcoholic beverage. Location is irrelevant. Intoxicated is still intoxicated. The probability of being caught are much lower unless your next statement comes into play.
If you're going to a restaurant that happens to serve alcohol, you're probably not going to get drunk. One or two glasses of beer or wine is not gonna hurt anything.
Minor technical correction, but location does make a difference. Note that 46.035(d) only makes carrying while intoxicated illegal if you are a license holder carrying under the authority of the license. You are only carrying under the authority of your license if it would be illegal to carry otherwise. Since it is not illegal to carry on your own premises or premises under your control, 46.035 dos not apply to you in those locations.

It could get even trickier if you happen to have multiple ways to carry. For example, is a police officer who has an LTC carrying under the authority of his LTC or his commission? He should not be intoxicated either, but I doubt anyone would try to apply that law to him.
:shock: That's seems odd. So many possibilities there I'm surprised there isn't a general prohibition on this to be able to add that on in the case of a shooting that was not justified. Although, I'm a little glad there isn't. I'm sure that would/could get even more folks into trouble without ever having actually done anything wrong. Especially in their own home.

Now that makes me even more curious regarding Amber Guyger's BAC. Could she even be charged with carrying while intoxicated if she were? Or any other off-duty LEO for that matter that does not have an LTC or equivalent?
by C-dub
Thu Nov 29, 2018 9:53 am
Forum: General Texas CHL Discussion
Topic: Well... there goes Constitutional Carry
Replies: 39
Views: 5498

Re: Well... there goes Constitutional Carry

TexanVeteran wrote: Wed Nov 28, 2018 7:43 pm It is actually already illegal to carry while you're drinking (unless you're on your own property, obviously).
Both parts of this are wrong. It is illegal to be intoxicated while carrying, but not simply drinking an alcoholic beverage. Location is irrelevant. Intoxicated is still intoxicated. The probability of being caught are much lower unless your next statement comes into play.
TexanVeteran wrote: Wed Nov 28, 2018 7:43 pm The problem comes in, though, is when you get drunk, that is when you will start acting all stupid and showing it off.
Some people do. Most do not. For those that would, it is my own opinion that they probably do dumb things even when not intoxicated and may be generally irresponsible to begin with.
TexanVeteran wrote: Wed Nov 28, 2018 7:43 pm If you're going to a restaurant that happens to serve alcohol, you're probably not going to get drunk. One or two glasses of beer or wine is not gonna hurt anything.
This sorta contradicts your earlier statement that it is illegal to drink while carrying. Or, more likely, you're stating your opinion that you think it shouldn't be, which it isn't.


TexasVeteran, it seems there has been a pattern where you have either been given incorrect information by your LTC instructor, or websites you've gleened information from were incorrect, or your own misinterpretation of statutes. So far, when this incorrect information was pointed out and you verified that you owned up to it. That's cool. We all make mistakes at some point about one thing or another. One of the greatest things about this forum is that the members are very intelligent and incorrect information can be corrected and make us all better stewards to educate others and make us safer.

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